The Bilski Decision Is In: Buh-Bye [Most] Business Methods Patents – As text & updated 3Xs

“I want to thank Red Hat most particularly for its wonderful
amicus brief that it filed in this case, for representing the
community’s interests and getting certain issues on the court’s
radar. However, the court in footnote 23 does not go as far as one
might have hoped, at least not in this case:

“”Therefore, although invited to do so by several amici, we
decline to adopt a broad exclusion over software or any other such
category of subject matter beyond the exclusion of claims drawn to
fundamental principles set forth by the Supreme Court. See, e.g.,
Br. of Amicus Curiae End Software Patents; Br. of Amicus Curiae Red
Hat, Inc. at 4-7. We also note that the process claim at issue in
this appeal is not, in any event, a software claim. Thus, the facts
here would be largely unhelpful in illuminating the distinction
between those software claims that are patent-eligible and those
that are not not.””

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